header-logo header-logo

31 May 2024 / Daniel Lightman KC
Issue: 8073 / Categories: Features , Procedure & practice , Commercial , Company
printer mail-detail

Non-members & s 994 petitions: a novel approach

175050
In a recent case, the court used its case management powers to order a split trial. Daniel Lightman KC elaborates
  • Only a member of a company can present an unfair prejudice petition under s 994 of the Companies Act 2006.
  • Where someone not currently a member who claims to be entitled to retrospective rectification of the company’s register of members presents a petition, the traditional approach has been to strike out the petition, or to stay it while the petitioner seeks to establish their entitlement to petition in separate proceedings.
  • However, in a recent case, the court made novel use of its case management powers to order a split trial and direct that the first trial should determine both whether the register of members should be rectified and whether the petition was well founded.

It is a long-established principle that only a registered shareholder can present an unfair prejudice petition under s 994 of the Companies Act 2006 (CA 2006) and an intended petitioner lacking

To access this full article please fill the form below.
All fields are mandatory unless marked as 'Optional'.
If you already a subscriber to New Law Journal, please login here

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis will mark the 80th anniversary of Shawcross and Beaumont on Air Law with a live podcast exploring the evolution of aviation law from the Chicago Convention to the challenges facing modern aerospace, taking place on Tuesday 29 September
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
back-to-top-scroll